HomeMy WebLinkAbout1999-03-02; Housing & Redevelopment Commission; Resolution 3051
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HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 3
A RESOLUTION OF THE HOUSING AND REDEVELOPMENT
COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA
INCLUDING VARIANCES FOR A REAR SETBACK WHICH EXCEE
LOADlNGlUNLOADlNG AREA FOR THE JOIN HANDS YOUTH
FACILITY PROJECT ON PROPERTY LOCATED ON THE WEST SI
OF ROOSEVELT STREET, BETWEEN PINE AND WALNUT, IN LA^
USE DISTRICT 5 OF THE VILLAGE REDEVELOPMENT AREA.
APPROVING A MAJOR REDEVELOPMENT PERMIT (RP 97-03)
THE MAXIMUM STANDARD RANGE AND AN OFF-SITE
CASE NAME: JOIN HANDS SAVE-A-LIFE YOUTH FACILITY
APN: 204-081 -08, 09, 10
CASE NO: RP 97-03
WHEREAS, Join Hands Save-A-Life, a California Non-Profit
Corporation, “Developer”, has filed a verified application with the Housing and
Redevelopment Agency of the City of Carlsbad regarding property owned by Join
Hands Save-A-Life, a California Non-Profit Corporation, “Owner”, described as Lots
28 , and 29 in Block 31, in the Town of Carlsbad, in the City of Carlsbad, County of E
Diego, State of California, according to the map thereof No. 535, filed in the Office 01
County Recorder of San Diego County, May 2, 1888 (“the Property); and
WHEREAS, said application constitutes a request for a Major
Redevelopment Permit and variances for a rear setback which exceeds the maxirnui
the standard range and an off-site loading/unloading area for participants, as shown
Exhibits A-C, dated January 5, 1999 on file in the Housing and Redevelopment
Department, “Join Hands Project RP 97-03” as provided by Chapter 21.35.080 of thl
Carlsbad Municipal Code; and
WHEREAS, on November 24, 1997, January 26, 1998 and February
1998, the Carlsbad Design Review Board held duly noticed public hearings to consic
Major Redevelopment Permit (RP 97-03), including signage, for construction of a ne 1
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HRC Resolution No. Ob< 0
Page 2
youth facility on property located on the west side of Roosevelt Street, between Pin€
and Walnut, and adopted Design Review Board Resolution No. 260 recommending
the Housing and Redevelopment Commission that Major Redevelopment Permit (RI
97-03) be approved with requested variances; and
WHEREAS, on April 7, 1998 and 'May 12, 1998 the Housing and
Redevelopment Commission held public hearings to consider Major Redevelopmen
Permit RP 97-03 for the proposed Join Hands Youth Facility; and,
WHEREAS, as a result of Housing and Redevelopment Commission
review of Major Redevelopment Permit 97-03, the developer was required to redesi
the project to reduce the number of variances required for the project; and,
WHEREAS, the Housing and Redevelopment Commission of the Cit
Carlsbad, on the date of this resolution held an additional duly noticed public hearin
consider the project redesign proposed by the developer for Major Redevelopment
Permit RP 97-03 and to consider the recommendations and heard all persons interc
in or opposed to Major Redevelopment Permit (RP 97-03); and
WHEREAS, as a result of an environmental review of the subject prc
conducted pursuant to the Guidelines for Implementation of the California Environrr
Quality Act and the Environmental Protection Ordinance of the City of Carlsbad, a
Negative Declaration was issued for the subject project by the Planning Departmen
September 19, 1997 and recommended for approval by Design Review Board
Resolution No. 259 on January 26, 1998 and February 23, 1998.
NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Housing
Redevelopment Commission as follows:
A) That the foregoing recitations are true and correct.
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HRC Resolution No. a05 0
Page 3
B) That based on the evidence presented at the public hearing, the
Housing and Redevelopment Commission hereby APPROVES a
Major Redevelopment Permit for the Join Hands Save-A-Life You
Facility Project, RP 97-03, including variances for the rear setbac!
which exceeds the maximum range and for an off-site
loading/unloading area for participants, based on the following
findings and subject to the following conditions:
GENERAL AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS:
1. The Housing and Redevelopment Commission concurs with the Desi
Review Board's recommendation for approval of a Negative Declarat
for the subject project and the Commission has determined that the
project will have no significant environmental impact. The redesign oi
subject project reduced the scope of the project and no new
environmental impacts have been identified. Therefore, no additional
environmental analysis is required. The Commission has approved tt
Negative Declaration issued for the project on September 19, 1997.
2. The Project qualifies as a Major Redevelopment Permit with request:
variances under Chapter 21.35 of the Carlsbad Municipal Code beca
the project involves new construction of a building , or addition to an
existing building, with a building permit valuation which exceeds
. $150,000.
3. The Project is not located within the Coastal Zone. Therefore, no Co;
Permit is required.
4. The Project is determined to be consistent with the land use plan,
development standards, design guidelines and other applicable
regulations set forth with the Village Redevelopment Plan and Village
Master Plan and Design Guidelines, with approval of the following
required findings to allow for variances for the rear setback that excc
the standard range and the off" /oading/un/oading area for
participants:
a) The application of certain provisions of the Village Master Plar
Design Manual and the Carlsbad Municipal Code will res1
practical difficulties or unnecessary hardships which would
development inconsistent with the general purpose and intent (
Carlsbad Village Redevelopment Plan. A need has been p~
expressed for additional youth activities within the community '
will provide a diversion to gang activities and other activities 1
may have an adverse impact on the community. The requ
variances are necessary in order for the developer to constr
youth facility which is appropriate for the type of programs
offered to youths within the neighborhood. The rear setback 1
exceeds the standard range is necessary to accommodatc
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HRC Resolution No. @os a
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parking required at the rear of the property. This is desired
encouraged by the Village Master Plan for projects locatec
Roosevelt Street. Without the variance, the project would not be
to provide the required parking at the rear of the project. As relat
the off-site loading/unloading area, the Commission finds that thc
site location will not impede vehicular traffic or create conflicts
pedestrians. In addition, the proposed project is located mid-blo
an area where vehicle speeds are lower and the street is
enough to accommodate the off-site loading/unloading area.
b) There are exceptional circumstances or conditions unique to
property or the proposed development which do not generally apy
other properties or developments which have the same stanc
restrictions, controls. The proposed project represents a unique
with unique circumstances. Because the project provides for a k
which is not typical in terms of other commercial buildings ir
area, there are certain facility design requirements such as the
setback and on-site loading/unloading area which present a cc
for the developer in terms of the programs to be offered withir
subject facility. It is desired that the parking be provided at the re
the site to prevent conflicts with pedestrians in the area. WithoL
required rear setback variance, the developer could not providf
parking at the rear of the site. Because of the nature of the prog
to be offered by the developer, there are also except
circumstances which result in less need for an or
loading/unloading area. The participants will arrive at differing tl
throughout the afternoon and evening, which is much different
an elementary school where students are arriving basically a1
same time in the morning and leaving at the same time in
afternoon and creating a much more significant potential for ti
conflicts. A majority of the participants in the Join Hands program:
be arriving as pedestrians or bicycle riders. The Commission
that the exceptional circumstances due to the type of progl
provided by the developer justify a variance from the su
development standards.
C) The granting of a variance will not be injurious or mate
detrimental to the public welfare, other properties or improvemer
the project area. The rear setback which exceeds the standard r
will not be detrimental because it allows the parking to be locatc
the rear of the site, which will actually eliminate conflicts
pedestrians using Roosevelt Street. There is very little pedes
activity on Tyler Street, which is located to the rear of the prop
The off-site loading and unloading area will have no detriml
impact on surrounding properties due to the already existing t-r
use nature of the land uses within the area. Employee:
surrounding businesses will generally arrive at work prior to
opening of the youth facility and will leave the businesses prior tc
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HRC Resolution No. *os 0
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highest anticipated usage period for the youth facility. The !
facility use hours are at off-peak hours in terms of comml
compatibility and will provide for closure at an hour which should
minimal impact on the neighboring residential.
d) The granting of a variance will not contradict the stanc
established in the Village Master Plan and Design Manual bec
those standards were intended to be somewhat flexible in orc
encourage diversity and variety. The granting of the SL
variances will not contradict the standards set forth in the V
Master Plan and Design Manual because the project has
designed in a manner consistent with the pedestrian orientation v
is desired for the area and set forth as an objective of the Vi
Master Plan and Design Manual. There is adequate area to the
of the proposed building (within the public right-of-way, off of
Street at the sidewalk curb) to allow for participants to be droppe
and picked up safely without having a detrimental impact on t
flow within the area. These conditions are all consistent wit1
standards set forth in the Village Master Plan and Design Manual
e) The project is in a location where adjacent buildings are sei
further than the permitted standard (range), adjacent building:
likely to remain, and setting the structure back to the desired star
will maintain and reinforce the Village character of the area.
subject property is in a location which has varying setbacks. TI
north, the residential units have varying setbacks. To the south
commercial property is setback in the rear by nearly 77 feet.
expected that these buildings will remain for many more years.
larger rear setback allows for a private outdoor patio and a
parking lot, which are both desirable features of the project.
f) The project is in a location which is in a transition area to residt
development and where increased setbacks would soften the v
transition between commercial and residential development or VI
protect the livability of the residential development. The proje
residential. The proposed project serves as a “bridge” betweer
uses in terms of the mixed setbacks. The increased setback ir
rear will help to create an appropriate transition from the resident
the north to the commercial property to the south.
located in a very mixed use area with a gradual transition
5. The Project has been determined to be consistent with the land use 1
development standards, design guidelines and other applicable regulations set
with the Village Redevelopment Plan and Village Master Plan and DE
Guidelines, with approval of the findings noted above to grant the requc
variances. The following required findings will allow for the reduced front and
yard setbacks, to six (6) feet and the minimum of five (5) feet (of the accep
range), respectively:
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0 HRC Resolution NO. 30s 0
Page 6
a) The reduced standard will not have an adverse impact on surrour
properties. The project is located in an area which has a mix of 1
both commercial and residential. The commercial property to
south has a similar (5 feet) front setback. The residential proper
the north is setback approximately 15 feet from the property line.
property to the north or the commercial property to the south.
setback allows for more pedestrian interaction which is desire
both this facility and the area in general. The commercial prope
the south has no side yard setback on the side of the property \
is adjacent to the subject property. Any new building on the adj;
sites, however, will have the same minimum side yard se
requirement (5 feet).
reduced front setback will have no adverse impact on the resid(
b) The reduced standard will assist in developing a project which r
the goals of the Village Redevelopment Area and is consisteni
the objectives for the land use district in which the project is
located. The reduced standard is necessary in order to alloc
developer to construct a building which can provide needed set
to the youths of the area. It allows for a more visually appc
design and assists in the effort to create a facility which
appropriate size to accommodate the desired activities.
c) The reduced standard will assist in creating a project whi
interesting and visually appealing and reinforces the Village chal
of the area. The project design is consistent with the guidelines fr
Village. The reduced setbacks provide for appropriate articulat
the building which assists in the effort to make the building vi!
interesting and more appealing.
6. The Housing and Redevelopment Commission finds that the applicab[e
parking requirement for the proposed project shall be the same as that
applied to elementary schools, as set forth within Chapter 21.44 of the
Carlsbad Municipal Code. The project shall provide for a total of three
parking spaces which meets the applicable standard for elementary sch
under the representation of the developer that only two (2) employees v\
employed at the facility. The required loading and unloading area shall I:
provided at the curb off of Tyler Street, to the rear of the subject project.
Commission has determined that the loading and unloading area to be
provided off of Tyler Street at the sidewalk curb is acceptable and meet:
intent of the applicable parking standard. The applicable findings, as no1
above, have been made in order to grant a variance to allow the
loading/unloading area to be provided off-site.
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HRC Resolution No. @as a Page 7
GENERAL PLAN AND GROWTH MANAGEMENT FINDINGS:
7. The Housing and Redevelopment Commission finds that the project, as
conditioned herein is in conformance with the Elements of the City’s Gem
Plan, based on the following:
a) That the General Plan identifies the “Village” and references the
Village Master Plan and Design Manual as the appropriate land u:
plan for the area. The project is consistent with the Carlsbad Villa!
Area Redevelopment Plan and the Village Master Plan and Desig
Manual, effective as of January 12, 1996, with approval of the
requested variances, because it will provide for a land use (youth
facility) which supports the residential units within Land Use Distric of the Village Redevelopment Area.
b) That the existing streets can accommodate the estimated ADTs a
all required public right-of-way has been dedicated and has been I
will be improved to serve the development. The pedestrian space:
and circulation have been designed in relationship to the land use
available parking. Pedestrian circulation is provided through
pedestrian-oriented building design, landscaping, and hardscape.
Public facilities have been or will be constructed to serve the
proposed project. The project has been conditioned to develop an
implement a program of “best management practices” for the
elimination and reduction of pollutants which enter into and/or are
transported within storm drainage facilities.
c) The proposed project will not have an adverse impact on any oper
space within the surrounding area. The project is being developed
a vacant lot which has appropriate zoning for a youth facility. The
project is also consistent with the Open Space requirements for ne
development within the Village Redevelopment Area.
d) The proposed project has been conditioned to comply with the
Uniform Building and Fire Codes adopted by the City to ensure thz
the project meets appropriate fire protection and other safety
standards.
e) The proposed project has been exempted from paying public facili
fees because the developer is a non-profit organization.
8. The project is consistent with the City-wide Facilities and Improvements P
the applicable local facilities management plan, and all City public facility
policies and ordinances since:
a) The project has been conditioned to ensure that building permits \n
not be issued for the project unless the District Engineer determinc
that sewer service is available, and building cannot occur within thc
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0 HRC Resolution No.305 a
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project unless sewer service remains available, and the District
Engineer is satisfied that the requirements of the Public Facilities
Element of the General Plan have been met insofar as they apply
sewer service for this project.
b) All necessary public improvements have been provided or are
required as conditions of approval.
9. The project has been conditioned to pay any new construction tax, or
development fees, and has agreed to abide by any additional requiremen,
established by the Local Facilities Management Plan prepared pursuant tc
Chapter 21.90 of the Carlsbad Municipal Code, which are applicable to th
project. This will ensure continued availability of public facilities.
IO. This project has been conditioned to comply with any applicable requirem
approved as part of the Local Facilities Management Plan for Zone 1.
11. The project is conditioned to comply and remain consistent with the City's
Landscape Manual, adopted by City Council Resolution No.90-384.
12. The Housing and Redevelopment Commission has reviewed each of the
exactions imposed on the Developer contained in this resolution, and hen
finds, in this case, that the exactions are imposed to mitigate impacts cau
by or reasonably related to the project, and the extent and the degree oft
exaction is in rough proportionality to the impact caused by the project.
GENERAL AND PLANNING CONDITIONS:
13. Staff is authorized and directed to make, or require Developer to make, al
necessary corrections and modifications to the Exhibits and/or other
documents to make them internally consistent and in conformity with final
action on the project. Developer shall develop the property substantially a
shown on the approved Exhibits for the project.
14. The Developer shall provide the Agency with a reproducible 24" X 36", ml
copy of the Site Plan for the project as approved by the final decision mak
body. The Site Plan shall reflect the conditions of approval by the Agency.
The plan copy shall be submitted to the Planning Director and approved p
to building or grading permit approval, whichever occurs first.
15. The Developer shall include, as part of the plans submitted for any permit plan check, a reduced, legible version of the approving resolution on a 24'
36" blueline drawing.
16. Building permits will not be issued for development of the subject propert)
unless the District Engineer determines that water and sewer facilities are
available at the time of application for such water and sewer permits and \
continue to be available until time of occupancy.
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HRC Resolution No. 305
Page 9
a
17. Prior to the issuance of the Redevelopment Permit, Developer shall subr
the Agency a Notice of Restriction to be filed in the office of the County
Recorder, subject to the satisfaction of the Housing and Redevelopment
Director, notifying all interested parties and successors in interest that thl
city of Carlsbad's Redevelopment Agency has issued a Redevelopment
Permit by Design Review BQard Resolution No. 260 on the real property
owned by the Developer. Said Notice of Restriction shall note the proper
description, location of the file containing complete project details and all
conditions of approval as well as any conditions or restrictions specified a
inclusion in the Notice of Restriction. The Planning Director or the Hous,
and Redevelopment Director has the authority to execute and record a
amendment to the notice which modifies or terminates said notice upon 2
showing of good cause by the developer or successor in interest.
18. Trash receptacle areas shall be enclosed by a six-foot high masonry wall
gates pursuant to City standards. Location of said receptacles shall be
approved by the Planning Director or the Housing and Redevelopmenl
Director. Enclosure shall be of similar colors and/or materials to the projl
to the satisfaction of the Planning Director or Housing and Redeveloprr
Director.
19. An exterior lighting plan including parking areas shall be submitted for
Planning Director or Housing and Redevelopment Director approval.
lighting shall be designed to reflect downward and avoid any impacts on
adjacent homes or property.
20. No outdoor storage of material shall occur onsite unless required by the F
Chief. In such instance, a storage plan will be submitted for approval by t
Fire Chief and the Planning Director or Housing and Redevelopment
Director.
21. The Developer shall prepare a detailed landscape and irrigation plan in
conformance with the approved Preliminary Landscape Plan and the City
Landscape Manual. The plans shall be submitted to and approval obtain€
from the Planning Director or Housing and Redevelopment Director p
to the approval of the grading or building permit, whichever occurs first. T
Developer shall construct and install all landscaping as shown on the
approved plans, and maintain all landscaping in a healthy and thriving
conditions, free from weeds, trash and debris.
22. The first submittal of detailed landscaping and irrigation plans shall be
accompanied by the project's building, improvement and grading plans.
23. Building identification andlor addresses shall be placed on all new buildin1
so as to be plainly visible from the street; color of identification and/or
addresses shall contrast to their background color.
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HRC Resolution No. 3 05 0
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24. The Developer shall comply with all applicable provisions of federal, state
and local ordinances in effect at the time of building permit issuance.
25. The Developer shall construct a six foot (69 masonry black wall on i
north side of the common property line. The height of the solid bloc
wall shall drop to forty-two inches (42”) ten feet (IO’) from the east 2
west property line for pedestrian visibility purposes,
26. The hours of operation for the subject facility shall be 3pm to IOpm,
Monday through Friday, and 8am to IOpm on Saturday. No youths IT
remain in, or around, the facility after the noted hours of operation.
27, The developer shall ensure that full-time adult supervision is provid
at all times during the hours of operation noted above.
28. The developer shall provide for the installation of permanent bicyclc
racks as noted on the preliminary lighting plan submitted by the
developer and dated January 26,1998.
29. The developer shall be allowed to construct the building with interio
improvements to provide for only one floor under this permit. This
restriction shall allow for a maximum of 6175 square feet of building
space. The developer shall be required to submit a separate applical
for an amendment to this permit, or a new redevelopment permit, at
later date if a decision is made to expand the interior space to a sect
floor, adding a maximum of 2925 square feet of building space to thc
existing facility. The developer shall not be allowed to expand witho
prior approval of the Housing and Redevelopment Commission.
30. The developer shall not be allowed to conduct any type of special
event, including dances, fund raising activities andlor other activitie
at the subject facility. The facility shall be used for regular and routir
activities designed for low income youths and teens only as set fort!
the permit applicztion. The facility shall not be used at any time for
adult activities, or activities which will bring large numbers of adults the site. The facility shall not be leased for any private, non-
organization activity at any time.
ENGINEERING CONDITIONS:
31. The developer shall pay all current fees and deposits required.
32. Prior to hauling dirt or construction materials to or from any proposed
construction site within this project, the developer shall submit to and rece
approval from the City Engineer for the proposed haul route. The develop<
shall comply with all conditions and requirements the City Engineer may
impose with regards to the hauling operation.
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HRC Resolution No. -05 a
Page 11 ~ ~~~ ~
33. Prior to issuance of any building permit, the developer shall comply with 1
requirements of the City’s anti-graffiti program for wall treatments if and I
such a program is formally established by the City.
34. Prior to issuance of building permit(s), the developer shall file and
receive approval of a boundary adjustment application with the CiQ
merge the three existing lots so that the project site is situated on c
lot.
35. Prior to issuance of building permit(s), the developer shall obtain a
City right-of-way permit to install driveway aprons in the public righ
way on Tyler Street.
WATER, SEWER AND FIRE CONDITIONS
36. The entire potable water system, reclaimed water system and sewer sys’
shall be evaluated in detail to insure that adequate capacity, pressure an
flow demands can be met.
37. The Developer shall be responsible for all fees, deposits, and charges wt
will be collected before and/or at the time of issuance of the building perr
The San Diego County Water Authority capacity charge will be collected i
issuance of application for meter installations.
38. Sequentially, the Developer’s Engineer shall do the following:
a) Meet with the City Fire Marshal and establish the fire protection
requirements. Also obtain GPM demand for domestic and irrigatio
needs from appropriate parties.
b) Prior to the preparation of sewer, water and reclaimed water
improvement plans, a meeting must be scheduled with the District
Engineer for review, comment and approval of the preliminary sys
layouts and usages (i.e., GPM - EDU).
39. This project is approved under the expressed condition that building perrr
will not be issued for development of the subject property unless the wate
district serving the development determines that adequate water service i
sewer facilities are available at the time of application for such water serv
and sewer permits will continue to be available until time of occupancy. T
note shall be placed on the project plans.
40. If any of the foregoing conditions fails to occur; or, if they are, by their terr
to be implemented and maintained over time; if any such conditions fail to
so implemented and maintained according to their terms, the Redeveloprr
Agency shall have the right to revoke or modify all approvals herein grantt
deny or further condition issuance of all future building permits; deny, rev(
or further condition all certificates of occupancy issued under the authorit)
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HRC Resolution No. @os 0
Page 12
approvals herein granted; institute and prosecute litigation to compel theil
compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the
Agency's approval of this Resolution.
STANDARD CODE REMINDERS:
The project is subject to all applicable provisions of local ordinances, including but n
limited to the following code requirements.
41. The Developer shall pay a landscape plan check and inspection fee as
required by Section 20.08.050 of the Carlsbad Municipal Code.
42. This approval shall become null and void if building permits are not issue1
this project within 18 months from the date of final project approval.
43. Approval of this request shall not excuse compliance with all applicable
sections of the Zoning Ordinance and all other applicable City ordinances
effect at time of building permit issuance, except as otherwise specifically
provided herein.
44. The project shall comply with the latest non-residential disabled access
requirements pursuant to Title 24 of the State Building Code.
45. All roof appurtenances, including air conditioners, shall be architecturally
integrated and concealed from view and the sound buffered from adjacen
properties and streets, in substance as provided in Building Department
Policy No. 80-6, to the satisfaction of the Directors of Planning and Buildir
46. All landscape and irrigation plans shall be prepared to conform with the
Landscape Manual and submitted per the landscape plan check procedur on file in the Planning Director.
47. The project shall comply with recycling collection area requirements pursL
to Section 21.105.060. The recycling area shall be noted on the final plan:
submitted for applicable building permits for the project.
48. This action is final the date this resolution is adopted by the Housing and
Redevelopment Commission. The provision of Chapter 1 .I6 of the Carlsb
Municipal Code, "Time Limits for Judicial Review" shall apply:
"NOTICE TO DEVELOPER"
"This time within which judicial review of this decision must be sought is governed by
Code of Civil Procedure, Section 1094.6, which has been made applicable in the City
Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seek
judicial review must be filed in the appropriate court not later than the ninetieth day
~ following the date on which this decision becomes final; however, if within ten days a1
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HRC Resolution No. e3 5 e
Page 13
the decision becomes final a request for the record of the proceedings accompanied
the required deposit in an amount sufficient to cover the estimated cost of preparatic
such record, the time within which such petition may be filed in court is extended to r
later than the thirtieth day following the date on which the record is either personally
delivered or mailed to the party, or his attorney of record, if he has one. A written
request for the preparation of the record of the proceedings shall be filed with the Cil
Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008.”
PASSED, APPROVED, AND ADOPTED at a regular meeting of the
Housing and Redevelopment Commission of the City of Carlsbad, California, held 01
2 nd day of March , 1999 by the following vote to wit:
AYES: Commission Members Lewis, Nygaard, Finnila, & Kulc
NOES: None
ABSENT: Commission Membe
ABSTAIN: None
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